beta
Text
All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to the Defendant’s grounds of appeal, criminal facts should be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact
(Article 308 of the Criminal Procedure Act). On the grounds indicated in its reasoning, the lower court determined that the Defendant was guilty by recognizing that the Defendant was aware of the fact that there was a possibility of spreading the Defendant’s speech about defamation as of December 7, 2012 among the facts charged in the instant case, and that the Defendant was guilty, and rejected the allegation in the grounds of appeal for mistake of facts or misapprehension of legal principles.
The allegation in the grounds of appeal is merely an error of the lower court’s determination on the selection and probative value of evidence, which actually belongs to the free judgment of the fact-finding court.
In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the assertion of false facts in the crime of defamation, the possibility of dissemination, the criminal intent of defamation, and the lawful act, or by exceeding the bounds of the principle of free evaluation
2. As to the grounds of appeal by the public prosecutor, in a criminal trial, the conviction shall be based on evidence with probative value sufficient to have a judge conviction that the facts charged are true beyond a reasonable doubt, and if there is no such proof, the conviction cannot be determined even if there is a suspicion of guilt against the defendant.
(see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). The lower court, on the grounds stated in its reasoning, shall be deemed as follows.